Asked by: Calvin Bailey (Labour - Leyton and Wanstead)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what assessment she has made of the potential merits of reviewing the effectiveness of legislation relating to joint enterprise.
Answered by Sarah Sackman - Minister of State (Ministry of Justice)
Joint enterprise is a complex area of law. It is not set out in statute but has instead evolved through case law.
The Government is aware of concerns about the impact of the joint enterprise doctrine on defendants and their families. We have heard arguments that the law unfairly convicts those who allege not to have played a major role in the crime they are convicted of; that joint enterprise disproportionately impacts certain ethnic groups; and that defendants are unable to appeal against joint enterprise convictions. The Government is equally aware of the views of victims and their families, who generally want all those involved in a crime, particularly where this involves the death of their loved one, to be prosecuted and convicted.
That is why the Government continues to keep the law in this area under review. There are several strands of work ongoing in this area - including a review of the law on criminal appeals, improving data on joint enterprise cases and considering joint enterprise as part of the Law Commission’s review on the law of homicide.